Membership Agreement

Posted on:2022-01-06 11:58:02 Views: 1200

Please read the terms and conditions of this agreement carefully. This Membership Agreement applies to any person or entity which creates a user account with Zname.com, otherwise has control over a user account with Zname.com, or uses any of the services described herein.

By using this site or by clicking "I agree" to this Agreement, you ("Member" or "You") signify your agreement to these terms and conditions. This Agreement sets forth the general terms and conditions of your use of the site and the products and services purchased or accessed through this site (individually and collectively, the “Services”). Please check this Agreement periodically for changes as Zname.com (“Zname.com”), reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement as well as any additional rules and policies posted on Zname.com constitutes your acceptance of such changes. We reserves the right to terminate a Member's use of this site at any time, after, before or during a transaction, without notice, and may do so at any time, for any reason.

The terms “we”, “us” or “our” shall refer to Zname.com. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Eligibility

By using Zname.com and its services, you represent and warrant that you are recognized as being able to form legally binding contracts under applicable law. You further represent and acknowledge that you are not previously barred from purchasing or receiving services under the laws of applicable jurisdiction. Likewise, you are not previously barred from using any of Zname.com's services.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement. We shall not be liable for any loss or damage resulting from Zname.com’s reliance on any instruction, notice, document or communication reasonably believed by ZNAME.COM to be genuine and originating from an authorized representative of your corporate entity. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

2. Your Account

You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Zname.com reserves the right, in its sole discretion, to suspend or terminate your Account.

2.1 Account Verification

Customers will be notified what exact verification requirements Zname.com will require during the sign-up process and use of our services. Forms of verification may include, but are not limited to: phone number verification; email verification; high quality color scan or photo of an official government issued identification card, such as a passport; and any additional verifications as deemed necessary. Zname.com reserves the right to revoke verification on previously verified accounts and require the user to provide updated verification information and documentation (i.e., re-verification) at Zname.com's sole discretion.

2.2 Security

You agree that if you are issued IDs and Password by Zname.com you shall use your best efforts to prevent access to this site through your email and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notify Zname.com immediately of any breach of security or unauthorized use of your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure. Zname.com will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Zname.com or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

You agree that you shall not try to sign in the account by any unlawful way or violation of applicable law. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that we shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

3. Member Rights and Responsibilities

3.1 Except as otherwise expressly provided, you shall have the right to access to the Internet technology, information services, consultation and other services provided by us.

3.2 You acknowledge and agree that:

(i) comply with the terms and any and all applicable laws, rules and regulations when using the our services, including any content you submit.

(ii) provide true, accurate, and current information about yourself, your business, and other related information as may be requested by us. Furthermore, you have to maintain and promptly amend all information provided to us to keep it true, accurate and current.

(iii) provide any additional information to Zname.com in the time frame requested by Zname.com in connection with customer service, risk control, fraud prevention and compliance procedures;

(iv) agree to back-up all of your user content so that you can access and use it when needed. Zname.com does not warrant that it backs-up any account or user content, and you agree to accept as a risk the loss of any and all of your user content.

3.3 You shall not:

(i) promotes, encourages or engages in illegal activities;

(ii) engage in or be part of any scheme to cheat, mislead or defraud Zname.com, other members, other users of our platform, any other third party or for any unlawful purpose;

(iii) sell, transfer, or sublicense your account to others without Zname.com’s prior written consent;

(iv) infringement or violation of any third party’s Intellectual Property Rights or other proprietary right or rights of publicity and privacy or other rights recognized at law.

(v) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity or otherwise engage in fraudulent representations or conduct;

(vi) violate any applicable law, statute, ordinance or regulation;

(vii) undermine the integrity of the computer systems, disrupt, damage or limit the functionality of any software or hardware, and interfere with the operation of this site or the services found at this site. You will not modify or alter any part of this site or the services found at this site or any of its related technologies.

(viii) access or use our services in a way intended to avoid the relevant fees or charges;

(ix) contains false or deceptive statement language , or unsubstantiated claims, regarding Zname.com's services.

(x) resell or provide the services for a commercial purpose, including any of related technologies, without Zname.com's express prior written consent.

3.4 without limiting any of the rights set forth elsewhere in this agreement, Zname.com expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this site or any services to any user, ex:

(i) whose account or services were previously terminated or suspended, whether due to breach of this or any other agreement or any Zname.com policy; or

(ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the site or services (as determined by Zname.com in its sole and absolute discretion).

3.5 ICANN Registrant Rights and Responsibilities

You must comply with all applicable terms and conditions, policies and procedures set by ICANN and summarized on ICANN's website:http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.

3.6 General Data Protection Regulation (GDPR). By using this site and our services you expressly agree that you have read and agree to both GDPR and Zname.com's privacy policy. Should you not agree to Zname.com's privacy policy you agree that you will not use our systems and services.

4. Intellectual Property.

4.1 This agreement does not grant either party any rights to the other’s content or any of the other’s intellectual property rights except as set forth otherwise in this agreement or other applicable agreements binding your use of Zname.com services.

4.2 Each Party continues to own its respective items of intellectual property, including its patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, trade secret, or any other intellectual proprietary rights are granted by Zname.com to You, or by any disclosure of any confidential information to You. You agree that You will not create or attempt to violate or infringe any forms of intellectual property or business reputation. You hereby agree to adhere to all applicable laws and regulations in conducting your business, including, but not limited to all privacy laws.

4.3 Trademark and/or copyright claims. Zname.com supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Zname.com’s legal notice.

5. Monitoring of Content; Investigation

5.1 Zname.com reserves the right, to investigate any end user or your breach or violation of the Terms.

Zname.com may remove any item of User Content or terminate a User’s access to the Services found violating this Agreement (as determined by Zname.com in its sole and absolute discretion), at any time and without prior notice.

5.2 Zname.com shall have the right to report any activities that Zname.com considers to be in violation of the Terms or any regulations or laws in any jurisdiction to the relevant enforcement agencies, regulators, government bodies, and any other appropriate third parties and Zname.com shall have the right to access, disclose and/or remove any content you published on or submitted to us or to the in connection therewith or to comply with applicable law, legal process or lawful government requests, or in respect of any claims or potential claims brought against us, or its shareholders, subsidiaries or affiliates.

6. Fees, Payment and Tax

6.1 Unless otherwise provided by the terms of service or agreed to by us in writing, any payments, fees, charges or taxes payable under this agreement and/or the terms shall be payable by you in accordance with the prevailing Zname.com payment and tax terms. You will pay Zname.com the applicable fees for use of the relevant Zname.com services by the payment methods that the Zname.com Platform supports.

6.2 The fees, charges, and tax terms for our services may be updated from time to time on Zname.com and will take effect upon publication on the platform.

6.3 Any and all payment made by you may not be set-off or counterclaimed without the written consent of Zname.com.

6.4 Any payments that be judged fraudulent, questionable will not be counted.

6.5 Agency payment, credit card cash-outs and money laundering are strictly prohibited from this site. Once found, your account balance will be frozen immediately.

7. Term and Termination

7.1 This Agreement shall become effective immediately upon your successful registration and activation of account.

7.2 Without prejudice and in addition to its rights and remedies at law, Zname.com may suspend or terminate your Account, or limit or restrict your rights to your Account, immediately upon notice to you if, in the sole discretion of Zname.com, you have engaged in any of the following:

(i) breached the Terms;

(ii) used Zname.com’s Services in a way that poses a security or system stability risk to the Zname.com Platform or any third party;

(iii) used Zname.com’s Services in a way that subjects, or will subject, Zname.com or its affiliates to liability;

(iv) engaged in any fraudulent, deceptive or unlawful act; or

(v) become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceedings.

(vi) other legal reasons.

7.3 If Zname.com suspends your right to use your account or any of the Zname.com services, you shall remain responsible for any and all fees and charges for the Zname.com services that you have incurred up to the date of service suspension. You shall be responsible for the fees and charges for the Zname.com’s services that you continue to have access or rights to use.

8. Terms Modifications

You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Zname.com may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

9. Disclaimer of Warranties and Limitation of liability

9.1 You agree that your use of our service(s) is solely at your own risk and that this site and the services found at this site are provided “as is”, “as available”. to the maximum extent permitted by applicable law, Zname.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

9.2 you agree that no oral or written information or advice provided by Zname.com, its officers, directors, employees, or agents (including without limitation its customer service representatives), and services or products provided by independent third parties on a pass-through basis.

9.3 Zname.com makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunize you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you.

9.4 Zname.com makes no representation or warranty that the content available on this site or the services found at this site are appropriate in every country or jurisdiction, and access to this site or the services found at this site from countries or jurisdictions where its content is illegal is prohibited.

9.5 The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

10. Indemnity

You agree to protect, defend, indemnify and hold harmless Zname.com and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’s fees) imposed upon or incurred by Zname.com directly or indirectly arising from

(i) your use of and access to this site or the services found at this site;

(ii) your violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or

(iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.

The indemnification obligations under this section shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

11. Email Notifications

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or via regular mail. In the case of email, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. Any notice to you will be sent to the email address provided by you in your Whois record. In the case of notification to you shall be sent to the address specified in the “Administrative Contact” in your Whois record.

12. Severability

If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.